EC drafts new UP polls code with AI curbs, stricter campaign rules

The Election Commission (EC) has drafted a new code of conduct for Union Parishad elections, proposing a raft of changes, including restrictions on the use of microphones, a ban on collecting voters' NID cards and mobile phone numbers aiming to influence votes, tighter rules on AI-generated campaign content and higher penalties for electoral misconduct.

The proposed code prohibits the use of microphones and other sound-amplifying devices before 12:00pm and after sunset in any election area, replacing the existing campaign hours of 2:00pm to 8:00pm.

The EC has updated the code following amendments to the Local Government (Union Parishad) Act, 2009, under which Union Parishad elections will be held on a non-partisan basis after the abolition of political party symbols.

Among the major changes are a ban on making transactions through mobile financial service (MFS) and traditional campaign posters, formal recognition of digital and social media campaigning under strict regulations, restrictions on the malicious use of artificial intelligence (AI), permission for campaign caravans and a proposal to raise the maximum fine for violating the code from Tk 10,000 to Tk 50,000. 

Under the draft, loudspeaker volume during campaigns must not exceed 60 decibels, while only one microphone will be permitted at a time for campaign activities or street meetings within a ward.

The proposed code also prohibits candidates or their supporters from collecting voters' or their family members' NID numbers to influence voting or gathering mobile phone numbers for conducting transactions through MFS, such as bKash, Nagad, Rocket or Upay.

In a significant change, the EC has formally allowed election campaigns through digital and social media, subject to a series of restrictions.

Candidates, election agents and campaigners will have to submit the names of their social media platforms, account IDs, email addresses and other identifying information to the returning officer before launching online campaigns.

The draft bars the malicious use of AI in election campaigns and prohibits the creation or dissemination of harmful content, including hate speech, misinformation, manipulated images, and fabricated election-related information.

It also bans the use of religion, ethnicity, caste, gender or community-based hate speech, provocative language or the misuse of religious or ethnic sentiments for electoral gains.

The proposed code prohibits the creation, publication, dissemination or sharing of AI-generated or AI-edited false, misleading, biased, hate, obscene, vulgar or defamatory content on social media or any other media with a view to misleading voters or tarnishing the reputation of any candidate or person.

The draft code also slaps a ban on traditional campaign posters while permitting the use of billboards under strict conditions.

Each candidate will be allowed to display only one billboard per ward, with a maximum size of 16 feet by 9 feet, provided it does not obstruct traffic, endanger public safety or harm the environment.

Campaign materials such as banners, leaflets and festoons must be biodegradable and cannot be made of rexine, polythene, plastic or other environmentally harmful materials. PVC banners and plastic coverings will also be prohibited.

To make electioneering more festive, the draft code allows caravan or mobile campaign processions using digital technology or biodegradable materials on vehicles from 12:00pm until sunset, provided they do not disrupt traffic or cause public inconvenience.

Election campaigning inside educational institutions will remain prohibited, although playgrounds may be used with permission from the authorities as long as academic activities are not disrupted.

The draft also bars city corporation administrators from participating in election campaigns.

The EC has also proposed increasing the penalty for violating the election code. Anyone found guilty of breaching the code may face up to six months' imprisonment, a fine of up to Tk 50,000, or both. The existing maximum fine is Tk 10,000.

A new provision has been incorporated in the draft code empowering the EC to cancel candidature following an investigation for the violation of the electoral code.